Ashe v. Singletary

District Court of Appeal of Florida

Ashe v. Singletary

702 So. 2d 1348, 1997 Fla. App. LEXIS 13983, 1997 WL 764442

CourtDistrict Court of Appeal of Florida

DecidedDecember 15, 1997

DocketNo. 96-1336

StatusPublished

This text of 702 So. 2d 1348 (Ashe v. Singletary) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ashe v. Singletary, 702 So. 2d 1348, 1997 Fla. App. LEXIS 13983, 1997 WL 764442 (Fla. Ct. App. 1997).

Pincite

Opinion

PER CURIAM.

This is an appeal by an inmate from a final order summarily denying a petition for writ of mandamus. Because the petition was sufficient to state a prima facie ground for relief, we reverse for the entry of an order to show cause and subsequent proceedings on the merits. The Department initiated a disciplinary proceeding against the inmate alleging that he committed sexual battery on a nurse. However, the facts alleged in the charging document appear to support only the lesser offense of battery. Following the disciplinary hearing, the Department found the inmate guilty of sexual battery and revoked 1040 days gain time. Because a simple battery would not justify the same loss of gain time, and because the inmate’s claim appears on its face to be meritorious, the petition should not have been summarily denied.

Reversed.

MICKLE, LAWRENCE and PADOVANO, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal by an inmate from a final order summarily denying a petition for writ of mandamus. Because the petition was sufficient to state a prima facie ground for relief, we reverse for the entry of an order to show cause and subsequent proceedings on the merits. The Department initiated a disciplinary proceeding against the inmate alleging that he committed sexual battery on a nurse. However, the facts alleged in the charging document appear to support only the lesser offense of battery. Following the disciplinary hearing, the Department found the inmate guilty of sexual battery and revoked 1040 days gain time. Because a simple battery would not justify the same loss of gain time, and because the inmate’s claim appears on its face to be meritorious, the petition should not have been summarily denied.

Reversed.

MICKLE, LAWRENCE and PADOVANO, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

702 So. 2d 1348, 1997 Fla. App. LEXIS 13983, 1997 WL 764442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashe-v-singletary-fladistctapp-1997.